DHS finalizes public charge inadmissibility rule

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateDecember 23, 2022

CategoryResidence, family, other

Policy toolEligibility

Affected groupNew applicants

Policy effect

DHS finalized a public charge rule defining public charge as likely primary dependence on public cash assistance for income maintenance or long-term institutionalization at government expense.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… is amending its regulations to prescribe how it determines whether noncitizens are inadmissible to the United States because they are likely at any time to become a public charge. Noncitizens who are applicants for visas, admission, and adjustment of status must establish that they are not likely at any time to become a public charge unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Under this rule, DHS would determine that a noncitizen is likely at any time to become a public charge if the noncitizen is likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. On August 14, 2019, DHS issued a different rule on this topic, Inadmissibility on Public Charge Grounds Final Rule (2019 Final Rule), which is no longer in effect. This rule implements a different policy than the 2019 Final Rule. DATES: This final rule is effective December 23, 2022. This final rule will apply to applications postmarked on or after the effective … time to become a public charge ( i.e., likely to become primarily dependent on the government for subsistence). The final rule also clarifies the types of public benefits that are considered in public charge inadmissibility determinations. This rule will limit such consideration to public cash assistance for income maintenance and long-term institutionalization at government expense.[562 563] Public cash assistance for income maintenance would include cash assistance provided under TANF, SSI, and general assistance. This is the same list of public benefits that are considered under the 1999 Interim …

Federal Register 87 FR 55472Federal Register 87 FR 55472. DHS finalizes public charge inadmissibility rule. Effective 2022-12-23.Open official source

Retrieved from https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Review method

Two separate automated exact-claim source reviews

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DHS finalizes public charge inadmissibility rule

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2022